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NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA NO. 02-KA-966
VERSUS FIFna emeux FIFTH CIRCUIT
TYRONE WIGGINS COURT OF APPEAL
STATE OF LOUISIANA
ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT
PARISH OF JEFFERSON, STATE OF LOUISIANA
NO. 01-3207, DIVISION "E"
HONORABLE MARTHA E. SASSONE, JUDGE PRESIDING

FEBRUARY 25, 2003

THOMAS F. DALEY
JUDGE

Panel composed ofJudges Thomas F. Daley,
Susan M. Chehardy, and Clarence E. McManus

PAUL D. CONNICK, JR.,
DISTRICT ATTORNEY
ANDREA F. LONG,
TERRY M. BOUDREAUX,
RICK PICKENS,
ASSISTANT DISTRICT ATTORNEYS

24th Judicial District
Parish of Jefferson
Courthouse Annex
Gretna, Louisiana 70053
COUNSEL FOR PLAINTIFF/APPELLEE

BRUCE G. WHITTAKER 3316 Canal Street New Orleans, Louisiana 70119 COUNSEL FOR DEFENDANT/APPELLANT
CONVICTION AND SENTENCE AFFIRMED; MATTER REMANDED
The defendant was convicted of attempted second-degree murder, armed robbery, and possession with intent to distribute marijuana. He was sentenced to 99 years at hard labor for the armed robbery and 30 years for the distribution. He was adjudicated a fourth felony offender and sentenced to life in prison.
FACTS: The defendant, Tyrone Wiggins, was charged in a Bill of Information on December 5, 2000 with attempted second degree murder in violation of LSA-R.S.
14:27:30.1 (count one), attempted armed robbery in violation of LSA-R.S.
14:27:64 (count two), two counts of armed robbery in violation of LSA-R.S. 14:64 (counts three and four), and possession with intent to distribute marijuana in violation of LSA-R.S. 40:966(A) (count five). The defendant pled not guilty and filed several pre-trial motions including a Motion to Sever the Charges. The Motion to Sever was granted in part with counts two and four being severed from counts one, three, and five. The defendant proceeded to trial on counts one, three, and five.
At trial, the victim, Hernan Calfucura, testified that on the night of the crime, he was working as a cab driver. He picked up the defendant and an accomplice on Derbigny Street in Gretna. The riders told him they wanted to go to Scottsdale, but did not give a specific address. Once he reached Scottsdale, Mr. Calfucura asked the men where they were going. He was told to "just turn right here", which he did. Mr. Calfucura was then told to stop. Mr. Calfucura testified that the man sitting directly behind him in the back seat, jumped out of the cab quickly. As Mr. Calfucura turned around to get his fare, the defendant, who was sitting in the back seat on the passenger side, pulled out a gun. Mr. Calfucura then saw defendant's accomplice had also pulled out a gun and was standing behind defendant.
Mr. Calfucura testified that the defendant demanded his money. Mr. Calfucura testified that he gave the defendant his money, but the defendant thought he had more money. The defendant then pointed the gun at Mr. Calfucura's face at which time Mr. Calfucura grabbed the gun. Mr. Calfucura testified that as the defendant pulled away, he shot Mr. Calfucura in the side. Mr. Calfucura explained that he started driving his cab fast and swerving trying to get defendant out of the car. The defendant eventually fell out of the cab and Mr. Calfucura drove himself to the hospital.
Mr. Calfucura testified that he suffered a punctured lung and required a tracheotomy to breathe. He experienced kidney and liver failure and received 60 pints of blood. As a result of his gunshot wound, the doctors had to remove one

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